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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Part B : Legal proceedings

76A. Fine for not complying with national minimum wage

 

(1) Subject to section 76, a fine that may be imposed on an employer who paid an employee less than the national minimum wage, is an amount that is the greater of—
(a) twice the value of the underpayment; or
(b) twice the employee’s monthly wage.

 

(2) For second or further non-compliances, a fine that may be imposed on the employer is an amount that is greater of—
(a) thrice the value of the underpayment; or
(b) thrice the employee’s monthly wage.

 

(3) The Minister may issue guidelines on the determination of whether a non-compliance is a second or further non-compliance, as envisaged in subsection (2).

 

(4) The Department must maintain and publish on its official website, on a quarterly basis, a list of all employers who were issued with compliance orders.

 

[Section 76A inserted by section 20 of Notice No. 1302, GG 42059, dated 27 November 2018]